By Luis Estrada:
Apple thus far has had success in preventing Samsung from selling its Galaxy Tab 10.1 tablet in Australia, but if Apple wants to keep the current injunction in place, it may have to dispense some of its iPad 2 sales figures in the US and the UK.
As we all know, Apple is suing Samsung across the globe claiming that its line of galaxy smartphones and tablets infringe on Apple’s intellectual property. Naturally, Apple asserts that as a result of Samsung’s infringement, Apple’s iOS sales have been adversely affected.
Consequently, Samsung wanted Australian judge Annabelle Bennett to order Apple to hand over its sales figures in an effort to demonstrate the opposite. While Bennett didn’t grant Samsung’s request, she did note that she can’t put that much weight behind Apple’s lost sales argument unless she sees some evidence in the form of iPad sales from Apple.
“Unless Apple puts on evidence showing the impact in the U.S. or U.K.,” Bennett explained, “I can’t draw any positive assumptions.”
“People want an Android product, so they will buy an Android product,” Neil Murray, Samsung’s lawyer, told the judge. “This is not impacting the sales of Apple.”
The “remarkable similarity of the Samsung product” in terms of “functionality and appearance” makes it obvious that the Galaxy will take sales away from Apple, said Steven Burley, the Cupertino, California-based company’s lawyer.
The problem is that Apple’s iPad 2 sales figures are astronomical. Apple clearly isn’t hurting, but that’s not to say that sales haven’t been impacted by Samsung’s foray into the market with their allegedly infringing products. Further, we’re not familiar with Australian law, but why should high sales figures provide a “get out of jail free card” for competitors who actively engage in patent infringing activities?